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workers are due extra pay but company wont pay New York

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  • workers are due extra pay but company wont pay New York

    the workers that work for me are supposed to get bonuses for 4 weeks of pay. but the company i work for says there is no budget for it to be paid out.

    these workers were just told that they would not be receving the extra pay/bonus today going forward and the pay/bonus that was supposed to be paid from the 4 weeks isn't going to be paid out bc they never were supposed to recieve this because there was no budget to begin with and this branch wasn't supposed to involved in the bonus program at all.

    but they had paid out the extra paybonus since october last year. and each worker had met all the requirements to recieve the extra pay each month since then.

    i feel like they should be required to pay out the bonuses from the 4 weeks. and they should have given them notice that the bonus program was ending and it would stop with this pay period.

    are these workers due the back pay? how could they recieve it? is there anything they can do? they never signed a contract or anything they are paid hourly and this was an incentive created by the company.

  • #2
    Whether the bonus is contractually due or not is going to depend on the terms of the bonus agreement. Only an attorney in your state will be able to tell you for certain.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      there really wasn't an agreement it was an email sent to each branch manager in the company with the requirements needed to achieve the bonus.

      it was supposed to be an incentive thing

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      • #4
        No documents means that a contract law argument is unlikely to work. You can try filing a wage claim with NY's DOL. It might work. It might not work. It is worth trying.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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